15XB Assumed identities may be acquired and used
(1) An approved officer may acquire evidence of, and use, an assumed identity if the acquisition or use:
(a) is in the course of duty; and
(b) is in accordance with the authorisation conditions (if any).
(2) An approved person may acquire evidence of, and use, an assumed identity if the acquisition or use is in accordance with:
(a) directions given by the supervising officer mentioned in the person’s authorisation; and
(b) the authorisation conditions (if any).
Note: The acquisition of evidence, and use, of an assumed identity is authorised by the authorising person of a participating agency under Division 3.
15XC Protection from criminal liability
(1) An approved officer, who engages in conduct that, apart from this subsection, would constitute an offence against a law of the Commonwealth, a State or Territory, is not criminally responsible for that offence if:
(a) the officer engages in the conduct in the course of acquiring evidence of, or using, an assumed identity; and
(b) the officer engages in the conduct in the course of duty; and
(c) the conduct is in accordance with the authorisation conditions (if any); and
(d) the conduct would not constitute that offence if the assumed identity were the officer’s real identity.
Example: This subsection could apply if an approved officer, when using an assumed identity, makes the false representation that he or she is unemployed (but that representation would be true if the assumed identity were real).
(2) An approved person who engages in conduct that, apart from this subsection, would constitute an offence against a law of the Commonwealth, a State or Territory, is not criminally responsible for that offence if:
(a) the person engages in the conduct in the course of acquiring evidence of, or using, an assumed identity; and
(b) the conduct is in accordance with:
(i) directions given by the supervising officer; and
(ii) the authorisation conditions (if any); and
(c) the conduct would not constitute that offence if the assumed identity were the person’s real identity.
Note: Division 5 has offences relating to the misuse etc. of assumed identities.
15XD Indemnification of approved officers and persons
(1) A Commonwealth participating agency whose authorising person issues an authorisation must indemnify an approved officer against any liability (including reasonable costs) that the officer incurs because of conduct the officer engages in if:
(a) the officer is covered by the authorisation; and
(b) the officer engages in the conduct in acquiring evidence of, or using, an assumed identity in the course of duty; and
(c) the conduct is in accordance with the authorisation conditions (if any); and
(d) the requirements (if any) specified in the regulations have been met.
(2) A Commonwealth participating agency whose authorising person issues an authorisation must indemnify an approved person against any liability (including reasonable costs) that the person incurs because of conduct the person engages in if:
(a) the person is covered by an authorisation; and
(b) the person engages in conduct in acquiring evidence of, or using, an assumed identity; and
(c) the conduct is in accordance with:
(i) any directions given by the supervising officer; and
(ii) the authorisation conditions (if any); and
(d) the requirements (if any) specified in the regulations have been met.
